R/CR.MA/25837/2025 ORDER DATED: 09/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25837 of 2025 ========================================================== DHRUVBHAI PRAKASHBHAI RAVAL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ANIL H RATHOD(9691) for the Applicant(s) No. 1 MR. MANAN MAHETA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 09/12/2025 ORAL ORDER 1. Learned advocate Mr. V.B Parmar appears and states that he has instructions to appear on behalf of the respondents Nos.2. He is permitted to file his appearance Registry shall accept his vakalatnama. 2. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused have prayed to quash and set aside the FIR being I CR No 11190007250001 of 2025 registered with the Mahila Police Station, Botad for the offences punishable under Sections 498(A), 323, 504, 506(2), and 114 of Indian Penal Code as well as under Sections 3 and 4 of the Dowry Prohibition Act so also all other consequential proceedings arising out of the aforesaid FIR qua the applicant herein. Page 1 of 5 R/CR.MA/25837/2025 ORDER DATED: 09/12/2025 3. Today, when the matter is called out, the complainant is personally present before this Court. He has produced the I.D proof and the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that the dispute has been amicably settled and he does not intend to proceed further with the FIR. 4. Considering the issue involved in the present application as well as considering the fact that the dispute between the parties has been amicably resolved, with the consent of learned advocates for the respective parties, the present application is taken up for final disposal. 5. Rule returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of the rule for and on behalf of the respondent No.1 State. Learned advocate Mr. V.B Parmar waives service of notice of rule for and on behalf of the respondents No.2 and 3. 6. Learned advocate Mr.Anil H. Rathod appearing for the applicant has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set aside. Page 2 of 5 R/CR.MA/25837/2025 ORDER DATED: 09/12/2025 7. The complainant, who is personally present in the Court, has stated before this Court that she has no objection if the FIR is quashed. Thus, sending the applicant- accused to face the trial would be a futile exercise. 8. The relevant para of the affidavit filed by the respondent No.2 original complainant reads thus : “2. It is respectfully submitted now there has been an amicable settlement of dispute between the parties and now the complainant does not intend to proceed ahead with the alleged complaint. Further now the same has been resolved peacefully and petitioner and complainant is husband and wife” 3. I say and submit, the applicant has preferred quashing of the FIR before this Hon’ble Court. I say and submit that I have no objection, if this Hon’ble Court may be pleased to quash and set aside complaint filed FIR filed at (Annexure A) registered Mahila Police Station, Botad as CR No. 11190007250001 of 2025 for the offences under Sections 498 (A), 323, 504, 506(2), 114 of IPC and under Sections 3, 4 of Dowry Act and also quashing and setting aside criminal Case No. 8497 of 2025 pending before Judicial Magistrate Court Botad R/CR.MA/25837/2025 ORDER DATED: 09/12/2025 (Annexure B) against the present applicant. 4. I say and submit that, I have affirmed this affidavit without any threat, coercion, pressure, undue influence, and under intoxication condition with sound mind and with my free state of mind and will and wish.” 9. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings in relation to the impugned FIR against the applicant-accused would be an unnecessary harassment to the applicant-accused. It further appears that the trial would a be futile exercise and continuing further with the proceedings pursuant to the impugned FIR R/CR.MA/25837/2025 ORDER DATED: 09/12/2025 would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 10. In the result, the application is allowed. The proceedings of the FIR being I CR No 11190007250001 of 2025 registered with the Mahila Police Station, Botad as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicant-accused, are hereby quashed and set aside. Direct service is permitted. (VIMAL K. VYAS, J) MARY VADAKKAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 10/12/2025 14:38:35